On the due process issues in international criminal trials
|School||China University of Political Science|
|Keywords||International criminal trial Due Process Protection of the rights of the accused|
Has ancient historical roots of the principle of due process, the degree of realization of their judicial activities reflect the degree of fairness and justice of the judicial activity, therefore, constantly enrich the content and enrich the principles of due process, and that it be truly realized, the entire judicial activities be the development of an important guarantee. The principles of due process in the domestic criminal proceedings discussed, the article discusses the international criminal trial relating to the protection of the rights of the accused to due process issues. In this paper, these two aspects of the analysis of the relevant provisions of the principles of due process in the existing international legal documents as well as its specific implementation in the practice of international criminal trial pointed out that the lack of international criminal trial involving the rights of the accused to due process problems and the progress made, and how to better international criminal trials contributed to the realization of the principle of due process of observations and recommendations, to implement the principles of due process of development can help, so as to promote the development of international criminal law. This paper is divided into introduction, body, conclusion of three parts, which the body consists of four chapters. The first chapter is an overview of the principles of due process. The chapter from talking about the origin and history of the evolution of the principles of due process, and thus analysis describes the meaning of the principle of due process, and then analyze the value of the principles of due process. The second chapter, the principles of due process provisions in international legal documents. First, some international treaties or conventions about due process requirements, including the related legal documents of the United Nations and regional legal documents. Then introduced the provisions of the relevant legal documents in international criminal trials, including the provisions of the relevant legal documents of the Nuremberg Trials and Tokyo trials, the International Criminal Tribunal for the Former Yugoslavia and Rwanda, the International Criminal Tribunal for the law, and legal documents of the International Criminal Court, and finally the corresponding comparison and analysis. The third chapter is the due process of the implementation of international criminal trial practice. This chapter select the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda and the International Criminal Court trial practice, evaluation of the three international criminal court in the trial practice in relation to the implementation of due process, and to put forward their views and suggestions. The fourth chapter is the realization of the principles of due process in international criminal trials. This chapter from the two aspects of the building of a fair justice system of international criminal law, and international criminal justice institutions judicial analysis of the problem of how to promote due process to better achieve. Judicial standards of international criminal justice institutions, mainly to maintain the independence of the court and its internal agency coordination, to maintain the independence of judges and prosecutors elected qualifications of its high standards and the strengthening of international organizations and countries of the international criminal the support and assistance of the court's three aspects to start on.